Anonymous
08 July 2011 at 10:58
What is continuation of OFFENCE? Any example
Marking of exhibits by Court in a criminal proceedings?
Is it complusory in criminal case also but i have never ever readed any where that Marking of exhibits of any documents or evidence are complusory than only it will be considered as a evidence ?
If the documents are not exhibited then the documents which are not exihibited canno't be considered as a evidence or cant be taken as a evidence. WHere it has been stated Exhibit process should be done ?
There is a argument under our student learning group so do help me also if they are judgment which say that exhibited process is complusory in criminal cases & they only the documents will be considered as a evidence do give us.
Anonymous
08 July 2011 at 10:52
A trial magistrate convicted an accused in a criminal case, based on deposition of witness and documents. Appealed by accused to Appellate Court. In appeal the deposition of some witness lost from the custody of the trial court while transiting from it to Appellate Court. Whether the court can decide the appeal in this situation or what relief can be made or done. Any supporting judgment is there. Who is liable for the carelessness?
Anonymous
08 July 2011 at 10:36
REPORTABLE & UNREPORTABLE Judgment WHY ?
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Some of the Apex Court Judgment.
Before the judgment they write REPORTABLE So if the write UNREPORTABLE than the judgment canno’t be a binding precedent or what? Why they write REPORTABLE or UNREPORTABLE.
What happens to UNREPORTABLE Judgment's
OR
REPORTABLE Judgment are signed by the judge & UNREPORTABLE Judgment are not signed by the judgment.
OR
On the request of the party the judgments are REPORTABLE & UNREPORTABLE. Do the party has the right to tell the judge that a particular judgment should be reported or not to be reported.
Basically why we write REPORTABLE ?
Punch witnesses means ?
Anonymous
08 July 2011 at 10:04
Once hearing of the case has begins, then the question of discharge petition does not arise? Why sir? So sir discharge petition can be heard before the first hearing? Urgent case required which says that discharge petition can be applied before the first hearing & not after that.
Anonymous
08 July 2011 at 09:55
Supplementary Charge Sheet & Second Supplementary Charge Sheet .I can’t remember the case (I think in the year 1987) but it has been said by the Bombay High Court that u can fill as many Supplementary Charges sheet at any stage. So Case law required which says that who many supplementary charge sheet can be filed at a time in the same case & in which stage’s it can be filed or after which stage the supplementary Chagresheet are not permissible.
Any guidelines stated by the Apex Court.
visha lranjan
08 July 2011 at 08:46
can SDM be considered as a judicial magistrate first class? or is there any other executive magistrate who is considered as judicial magistrate first class??
Advocate Vasundhara
08 July 2011 at 07:55
Sir/Madam,
I just finished Law in 2010 and practising for last 3 months. In a case of mine, the prime witnesses (the complainants) and punch witnesses never came to court
http://www.lawyersclubindia.com/experts/Witnesses-not-turned-up-discharge-petition--207611.asp
Now the case is at cross examination stage. At this stage, is it possible for the prime witnesses or the punch witnesses to come to court and give their primary evidence?
Ravikant Soni
07 July 2011 at 23:19
I request you learned friends to comment on this article,.....
http://www.lawyersclubindia.com/articles/Wrong-Identification-by-Advocate-and-It-s-Consequences--3811.asp
Jayesh Kumar
07 July 2011 at 23:13
All Experts,
If a 156(3) is rejected by the Court and thereafter even the appeal is rejected then can it still be treated u/s 200 CrPC as a complaint case?
Regards,
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Dischagre petition when any case.
Actually Difference between Quash Petition or application & Discharge Petition or application. As we known that the only HC has the power to Quash the application or petition under section 438 of the Crpc, 1973 but section 227 of the crpc, 1973 is governed for discharge application or petition.
The basic difference between quash & discharge.
For Wrong FIR against the person than he can approach the HC Under section 438 of the Crpc, 1973 for quash of FIR popularly known as Quash Petition. But Discharge Petition is used for which purpose.
Is there any point which says that Discharge petition can only be filed if this point comes?
At which stage discharge petition can be filled & at which stage court has the power to dimiss the discharge petition.
More to understand the discharge petition when to file at which stage & when can be filed do give me the case if any sir Pls.